Montgomery Attorneys Ask Judge To Dismiss Slander Suit

LEXINGTON, Ky. (AP) - Country music singer John MichaelMontgomery has asked a judge to dismiss a slander suit against himarguing in court filings that statements he made to police qualifyas "pure opinion" and cannot be found slanderous. A fired Lexington police officer filed the lawsuit last month inFayette County Circuit Court. Joshua Cromer contends Montgomerymade several false allegations, including that Cromer took his hat,in an interview with the police department's internal affairs unitafter a drunken-driving arrest. Attorney Brent Caldwell wrote in motions filed this week thatMontgomery cannot be sued because he was cooperating with police,making his statements privileged. One motion says Cromer told prosecutors that he tookMontgomery's hat during the arrest and planned to sell it on eBay. Cromer's attorney, Shane Sidebottom, said Cromer did not takeMontgomery's hat. "Mr. Cromer never seriously stated to anyone that he took JohnMichael Montgomery's hat," Sidebottom said. "He never had ahat." Cromer was fired in February in part for postings made on hisMySpace.com Web page and for his actions in connection withMontgomery's drunken-driving arrest in February 2006. He isappealing his termination. Montgomery entered an Alford plea last August to thedrunken-driving charge, which acknowledges that there was enoughevidence for a conviction. He was ordered to pay fines and take analcohol-education course. The police department's internal affairs unit interviewedMontgomery during its investigation of Cromer due to postings onhis MySpace page that included a picture of Montgomery standingnext to a fan. Cromer's face was superimposed over the fan's face. At Cromer's February disciplinary hearing, an assistant FayetteCounty attorney testified that he was upset that Cromer had notbooked the hat into evidence and had planned to sell it, accordingto one of the motions filed. When the prosecutor shared hisfrustration with Cromer, Cromer told the prosecutor that he wasjoking, and he turned the hat over to prosecutors. Montgomery's attorneys have said he normally wears a baseballcap. When investigators showed him the hat that Cromer had turnedover, Montgomery said it was not his. --- Information from: Lexington Herald-Leader,http://www.kentucky.com

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